In the State of North Dakota guidelines regarding child support were established in the mid-1970’s to provide for children whose parents were opting out of their responsibilities. Now, statues and laws are in place to make sure that children are being provided for and that their emotional and financial needs are being met by both parents.
In the event that paternity is not certain, paternity tests can be done. If the father cannot be located then the department can file a petition on your behalf allowing the court to rule on it. Actions will be taken to locate the individual for the paternity testing.
Filing for Child Support in North Dakota
You cannot file for child support if the divorce is not finalized. However, if you are not in a divorce situation, but are filing for support on behalf of the child in the case of a legal guardian situation, or an unmarried parent is suing for child support from their partner, then an order is not required. Filing for child support can be done in several ways.
The online service will allow you to fill out the application and submit it via the website. They suggest that you have internet explorer 5.0 or higher. Mozilla Firefox or Google Chrome have been known to be ‘glitchy’ with their forms. If you have more than one child that receives support from different sources, then each child must have their own case number. Keep in mind that even if you apply online, you will still have to physically mail in the court order and mandated amounts. You have to send the orginals as copies are not accepted.
You can use this form and print it out. If you are the primary caregiver for your child, then print out the form that says Custodial parent. If you are the parent who does not have the child living with you, then you need to print out the form that says Non-Custodial Parent. A listing of the offices and where to mail the forms into is also available on this same website.
Child Support Amounts in North Dakota
Most child support amounts are determined and based on the combined gross income (pretaxes) for the last year of both parents. Also taken into account are any additional sources of revenue including, but not limited to, retirement, investments, federal subsidies, lottery winnings, tax refunds, and bonuses. A quick child support calculator calibrated for North Dakota can be found here: http://www.ndcourts.gov/chldspt/
Each year hundreds of NC parents determine that they are going to try and ‘beat’ the system by voluntarily declaring bankruptcy, losing their job, or other attempts to lessen the amount of money available. Not only does this not work, but it can land you in jail if the offense is too egregious. Failure to pay can result in arrears which will result in withholding from your paycheck, tax refund, lottery winnings, suspension of driver’s license, passport denial, and other penalties.